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$5 million assault claim likely to be denied

Woman accuses bus driver of sexual attack


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Although criminal charges against a bus driver accused of sexually assaulting a woman aboard a bus in Ventura were dropped two months ago, the woman has filed a $5 million claim against the Ventura County Transportation Commission.

The commission, which oversees the Vista intercity bus service, is scheduled to formally deny the claim at a meeting today, which would then give the 18-year-old and her attorney, Micheal McQueen, standing to file suit.

"I do not understand why the DA dropped the case," McQueen said. "It's just mind-boggling to me."

Charges against the driver were dismissed in February. The woman had accused him of attacking her Oct. 12 in a bus parked at the Ventura County Government Center.

At a preliminary hearing Feb. 7, the woman testified that she willingly went to the back of the bus with the driver.

An attorney for the driver said in an interview that the woman didn't want to report the incident but her boyfriend made her call police. The boyfriend also reportedly sent a message to her saying, "You have a lawsuit against the bus company."

But McQueen said her case is strong. The claim, filed April 9, alleges the commission shares responsibility for the incident because it "failed to put in place proper safety features, including GPS location systems and security cameras."

McQueen said he also has evidence of a sexual assault allegation made in March 2007 against the same driver. "We don't have any firm information, but we're asking for those records," McQueen said.

The claim is the first step in the process of filing a lawsuit. Once a public agency denies a claim, a party then has standing to file suit, McQueen said.

A commission staff report concluded the claim should be rejected.

"Based upon very sketchy facts presented by the claim and the news media reports available to the VCTC, it is recommended that the commission deny the claim," the report says.

According to commission attorney Mitch Kahn, the contractor that operates the Vista bus service, Coach America, is responsible for the defense against any suit.

Discussions

Posted by AnnaWhaat on May 3, 2008 at 10:33 a.m. (Suggest removal)

Come on! She willingly went to the back of the bus with him!!!!! Her boyfriend is just out to sue.....Thinking of a easy Buck !!!!



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